This update is part of our AI FAQ Series. Learn more at our AI Law Center.
A growing number of state and international laws apply to chatbots in particular and generative AI more broadly. Accordingly, it is necessary to determine in what jurisdictions the chatbot will be available, as this will inform regulatory requirements that should be met prior to releasing the chatbot publicly. To mitigate risk from these laws and others that may be on the horizon, organizations deploying chatbots and other generative AI systems should do a few things before permitting a user to engage with the software.
First, it is a best practice to clearly and conspicuously disclose to chatbot users that they are interacting with software, not a human being. Consumers may benefit from additional protections. Second, if applicable, organizations should notify users that the chatbot may collect any information input into the chat. Lastly, there should be some mechanism for users to provide consent for that data collection. For example, some chatbots include disclaimers within their chat windows that say, “By proceeding to use this chat service, you consent to the recording and use of your information for customer support purposes.” Verifying the laws applicable in the jurisdiction in which the chatbot will be used is highly recommended.
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